SLA

Network Availability:
Vergent guarantees that it will provide 99.9% end-to-end network availability on the Vergent Network for the purpose of passing both voice and data services. Dedicated Internet Access and Fiber services are eligible for 99.99% and greater availability.

If Vergent fails to meet this level of availability, affected Customer may request a credit in accordance with the “Service Unavailability Credit Schedule” set out below. “Monthly Service Unavailability” is defined as the number of minutes in a calendar month during which Customer is unable to pass traffic on the Vergent Network due to a loss of connectivity.

Monthly Service Unavailability shall not include unavailability resulting from: (a) Customer’s applications, equipment, or facilities; (b) acts or omissions of Customer, or any use or user of the service authorized by Customer; (c) network maintenance; or (d) reasons of Force Majeure (as defined in the Master Service Agreement “MSA” or Service Order Form “SOF”).

The measured unavailable time begins upon notification of an outage by Customer to Vergent via the opening of a Vergent trouble ticket and the release of the affected service by Customer to Vergent for testing and repair. Customer may create a trouble ticket by: 1) submitting a ticket directly through Vergent’s Online Trouble Ticketing system (http://support.vergent.net), 2) by calling the Vergent customer support line at 855-VERGENT (or 855-837-4368), Option 5, or 3) by emailing support@vergent.net. The measured unavailable time ends when the affected service is restored to the performance level prior to the outage. Additional time taken by Customer to perform confirmation testing is not included in the measured unavailable time when the network service has been restored.

Service Unavailability Credit Schedule:
Customer’s exclusive remedy for loss of connectivity is repair of service and credit for the period of lost connectivity to the Internet. Customer credits will be applied according to the following schedule and will be calculated on the basis of a 30-day month and the monthly recurring fees for the affected services. Credits will be issued for loss of connectivity as listed below if the elapsed time from Ticket Open exceeds the following:

Exceeding 2 hours: 5% of monthly billed site revenue.
Exceeding 4 hours: 10% of monthly-billed site revenue.
Exceeding 6 hours: 15% of monthly billed site revenue.
Every subsequent 4-hour increment shall receive an additional 5% credit, the sum of which shall not exceed 100% of the total monthly bill for that location. The period of lost connectivity shall be determined by records kept by the Vergent Network Operations Center (“NOC”) and based on measurements to the Customer Demarcation.

Network Performance Guarantees:
Vergent makes the following Network Performance Guarantees:
• Latency – 50 milliseconds or less (round trip)
• Jitter – 10 milliseconds or less
• Packet Loss – Less than .05%
These performance guarantees apply to traffic between Vergent’s core routers and customer premise equipment. Upon Customer request, Vergent will calculate the average performance for a calendar month. If Vergent fails to comply with these service levels, Customer may request a credit to their account. Credit amounts will be equal to ten percent (10%) of Customer’s monthly recurring fees for the affected services.

Scheduled Maintenance Notification:
Vergent will notify Customer of any scheduled maintenance to the Vergent Network that will, or has the potential to, affect Customer’s service. Vergent Customer Support will contact all affected Customers at least 24 hours in advance of the maintenance via email. Normal scheduled maintenance that may affect Customer will be conducted between the hours of 11 p.m. to 6:00 a.m. Unscheduled maintenance of an emergency nature may be conducted by Vergent without advance notice.

Customer Responsibilities:
Customers are solely responsible for providing Vergent with current, accurate, and complete contact information for their designated points of contact including business phone, mobile phone and email address. Vergent will be relieved of its obligations under this Service Level Agreement if the contact information provided by Customer is inaccurate or omitted. Customer must also request a service credit within 30 days by emailing support@vergent.net which includes their customer number as well as the date and time of the Service Unavailability.

Application of Credits:
Credits shall be applied within the next two billing periods following the period in which the credits are earned and shall be based on the monthly rates in effect at that time. Credits may not exceed Customer’s monthly recurring rates in any calendar month.

Public Internet Delivered Services:
Any and all traffic transited via the Vergent Communications network to or from the public Internet is carried on a Best-Effort basis. Vergent Communications maintains multiple Tier-1 interconnections to the public Internet for exchange of data packets to and from destinations which are outside of the Vergent Network and accessible from the public Internet. Vergent’s Service Level agreement extends only to the point of data delivery to or from external Internet interconnection ports. Vergent does however guarantee that its interconnection points are of sufficient capacity required to transit 100% of any Dedicated or Direct Internet Access specific data rates for which Customer has contracted. Vergent cannot and will not be held liable for delays, latency, lack of bandwidth or any other peril experienced by Customer’s data once it leaves the Vergent Network.

Modem and Fax Communication
Due to the nature of IP transport, fax and modem-based communications are carried and supported on a Best-Effort basis at this time.